Court Rules Drug Laws Do Not Violate Religious Freedom
Kenya’s High Court has dismissed a petition filed by the Rastafari Society of Kenya that sought legal permission to use cannabis for religious worship. The decision ends a six year legal battle that challenged the country’s strict drug laws on constitutional grounds.
The Rastafarian community argued that cannabis is a sacred part of its faith. The group claimed that the ban on its use violated the constitutional right to freedom of religion and belief. Members asked the court to allow followers to grow, possess, and use cannabis privately during religious ceremonies without the risk of arrest.
Judge Says Evidence Was Not Strong Enough
Justice Bahati Mwamuye ruled that the Rastafarian group failed to prove that Kenya’s cannabis laws violated its constitutional rights. The judge also found that the evidence presented did not clearly establish that cannabis use is an essential practice of the Rastafarian religion.
Although the court rejected the petition, Justice Mwamuye acknowledged that the country could benefit from a wider public discussion about cannabis and its possible future uses.
Government Opposed Religious Exemption
The Kenyan government argued that allowing a religious exemption could weaken the country’s efforts to enforce anti drug laws. Officials also warned that such an exemption might create opportunities for illegal cannabis cultivation and trafficking.
The Rastafari Society clarified that it was not seeking full cannabis legalisation. Instead, it requested a limited exemption that would allow members to use cannabis only during private worship in homes or officially recognised places of worship.
Kenya Maintains Strict Cannabis Laws
Cannabis remains illegal under Kenya’s Narcotic Drugs and Psychotropic Substances Control Act. People caught possessing cannabis for personal use can face up to five years in prison, a fine, or both.
Anyone convicted of cultivating cannabis may receive a heavy financial penalty or spend up to 20 years in prison. Drug trafficking and other serious drug related offences carry even tougher punishments under Kenyan law.
Appeal Expected After Court Decision
The High Court’s ruling is a significant setback for the Rastafari Society of Kenya. However, the group’s lawyer confirmed that they plan to challenge the decision through an appeal.
The judgment also stated that any future exemption for religious cannabis use would require a clear constitutional and legal framework before it could become law.
